Prosecutor: Homicide charges could be added even without body in baby kidnapping case

UPPER DARBY - A York County man could face the death penalty in connection with the kidnapping and possible murder of his girlfriend's 7-month-old son.

And, he could be charged with homicide even without a body being found, according to Delaware County Deputy District Attorney Stephanie Wills.

Ummad Rushdi, who is charged with kidnapping Hamza Ali on Aug. 4, allegedly confessed to his brother that he killed the baby, then buried the body in an unknown location. His preliminary hearing on the kidnapping charges was continued Monday morning.

Investigators from Upper Darby, and Delaware, Lancaster and York counties have been searching for the missing baby for nearly two weeks.

"We're evaluating as to whether or not this is a death penalty case," Wills, who heads the Criminal Investigation and Pre-Trial Division of the D.A.'s Office, told reporters after the brief court proceeding.

Security was tight for the preliminary hearing before District Judge Harry Karapalides.

Shackled and handcuffed, Rushdi, 30, glared at lead investigator Detective Capt. George Rhoades Jr. as he was brought before the judge. Investigators Mike Pecko, Ed Silberstein, Brad Ross and Rhoades were also present, prepared to go forward with the hearing.

Pecko and State Constable Carmen "Skip" Damiani stood next to the railing that separates prisoners from those seated in the courtroom.

None of Rushdi's family members were in the packed courtroom, but the baby's mother, Zainab Gaal, and her mother were in the building. Gaal, there to speak with Wills, told Rhoades she plans to attend every court proceeding.

Attorney Elizabeth McDonald, who works with defense attorney Michael Malloy, requested a defense continuance. Malloy was unavailable because of a prior commitment in Philadelphia court, she said.

Rushdi, 30, was arrested at the Windsor Township, York County, home he shared with Gaal, her baby and his brother on Aug. 7.

The couple had been visiting Rushdi's parents at their home in the 6600 block of Chestnut Street, Upper Darby, when the baby disappeared. Investigators believe Rushdi killed Ali inside his parents' home, then took his body and buried him in a field off Route 30 near Columbia.

Authorities have executed numerous search warrants looking for evidence in the case, including at Rushdi's parents' home; Rushdi's residence on Castle Pond Drive in Windsor Township; for the 2000 Lincoln Continental sedan used by Rushdi when he allegedly took the baby; cellphones belonging to Rushdi; and DNA evidence from Rushdi himself.

Investigators believe Rushdi first buried Hamza in a shallow grave in Columbia, Police Superintendent Michael Chitwood has said. They believe he came back and moved the body to another location on Aug. 5, digging a deeper hole and wrapping the baby in a white sheet or white towel for a more formal, Muslim-style burial.

"Detectives are actively working to find the body," Wills said on Monday.

Chitwood said his department has reached out to Rushdi, who is incarcerated in lieu of $750,000 cash bail, to see whether he will cooperate with their search, but he has refused.

Rushdi is scheduled to be back in Upper Darby District Court on Sept. 9.

More about the case

Gaal told police that when she woke about 10 a.m. Aug. 4, Rushdi, 30, her baby, and a Lincoln Continental belonging to Jawwad Rushdi, Ummad Rushdi's brother, were gone from the house, according to court documents.

Police said Jawwad Rushdi told her Ummad Rushdi, of Windsor Township, had taken the baby to her parents' house in Maine. But, on Aug. 6, Jawwad Rushdi told her that Ummad Rushdi told him he'd killed Hamza and buried the baby's body, police said.

In court documents, police say Jawwad Rushdi told them that Ummad Rushdi said that, when Hamza would not stop crying early Sunday morning, he picked the baby up and shook him. Hamza became unconscious. Ummad Rushdi told his brother that he attempted CPR but couldn't revive the baby, documents state.

Ummad Rushdi then took the child from the home and buried him, documents state.